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Rational basis review is not a genuine effort to determine the legislature's actual reasons for enacting a statute, nor to inquire into whether a statute does in fact further a legitimate end of government. A court applying rational basis review will virtually always uphold a challenged law unless every conceivable justification for it is a ...
Intermediate scrutiny may be contrasted with "strict scrutiny", the higher standard of review that requires narrowly tailored and least restrictive means to further a compelling governmental interest, and "rational basis review", a lower standard of review that requires the law or policy be rationally related to a legitimate government interest.
Under the Equal Protection Clause, discrimination against people with disabilities is analyzed by "rational basis" scrutiny: if the discrimination has a rational basis, it is constitutional. In this case, the Court held that Congress, like the judiciary, was required to use rational basis review of state action, with its presumptions favoring ...
The Supreme Court established the judicial precedent for suspect classifications in the cases of Hirabayashi v.United States [5] and Korematsu v. United States. [6] The Supreme Court recognizes race, national origin, and religion as suspect classes; it therefore analyzes any government action that discriminates against these classes under strict scrutiny.
The government's goal must be something that it is acceptable for the government to pursue. The legislation must use reasonable means to the government's goals but not necessarily the best. Under a rational basis test, the burden of proof is on the challenger so laws are rarely overturned by a rational basis test. [39]
Another example is the D.C. Circuit Court's 2007 ruling in Abigail Alliance v. von Eschenbach that compelling government interest was demonstrated in the restriction of unapproved prescription drugs. [1] The burden of proof falls on the state in cases that require strict scrutiny or intermediate scrutiny, but not the rational basis.
The Court may have added other tiers too, such as "enhanced rational basis" scrutiny, [71] and "exceedingly persuasive basis" scrutiny. [72] All of this is known as "tiered" scrutiny, and it has had many critics, including Justice Thurgood Marshall who argued for a "spectrum of standards in reviewing discrimination", instead of discrete tiers. [73]
As the name implies, it is more strict than rational basis review but less strict than strict scrutiny. [10] Other forms of intermediate scrutiny are applied in other contexts. For example, under the Free Speech Clause, content-neutral time, place, and manner restrictions on speech are subject to a form of intermediate scrutiny.